FDA Guidance on Moving Protein NDAs to BLAs

Share
FDA has posted a draft guidance (XXINSERT LINKXXX) entitled “Deemed to be a License Provision of the Biologics Price Competition and Innovation Act of 2009 (BPCI Act) ” that describes the agency’s approach for transferring protein products that were approved as NDAs to licensed BLAs that adhere to the regulatory scheme of the Public Health Service Act effective 3/23/2020. The agency explains that the BPCI Act changed the statutory authority under which these protein products will be regulated by amending the statutory definition of a “biological product” in the PHS Act to include a “protein (except any chemically synthesized polypeptide).”

The draft guidance notes that the agency will not approve any pending or tentatively approved NDAs for a biological product under the FD&C Act after 3/23/2020. It also provides recommendations to sponsors of proposed biological products intended for NDA that may not receive final approval by the 2020 deadline. “Sponsors with product-specific questions should contact the relevant review division within the Office of New Drugs in FDA’s CDER regarding the development of a biological product intended for submission in a marketing application under the FD&C Act (during the transition period ending on March 23, 2020) or under section 351(a) or 351(k) of the PHS Act, as appropriate,” it says.

Additionally, FDA says that any unexpired exclusivity associated with an approved NDA for a biological product would be erased after the 2020 deadline. However, any unexpired orphan drug exclusivity would continue to apply to the drug for the protected use after the deadline.

Read more